Holiday Systems International Of Nevada v. Vivarelli, Schwarz and Associates, S.A. de C.V. et al

Filing 108

AMENDED DEFAULT JUDGMENT in favor of Holiday Systems International of Nevada against Vivarelli, Schwarz and Associates, S.A. de C.V. in the aggregate amount of $409,511.33. HSI is awarded post-judgment interest pursuant to 28 U.S.C.§1961. Signed by Judge Miranda M. Du on 2/2/14. (Copies have been distributed pursuant to the NEF - MMM)

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JAMES D. BOYLE, ESQ.
Nevada Bar No. 08384
Email: [e-mail]
F. THOMAS EDWARDS, ESQ.
Nevada Bar No. 09549
Email: [e-mail]
COTTON, DRIGGS, WALCH,
HOLLEY, WOLOSON & THOMPSON
400 South Fourth Street, Third Floor
Las Vegas, Nevada 89101
Telephone:
702/791-0308
Facsimile:
702/791-1912

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Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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HOLIDAY SYSTEMS INTERNATIONAL OF
NEVADA, d/b/a HOLIDAY SYSTEMS
INTERNATIONAL, a Nevada corporation,

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2:10-cv-00471-MMD-(GWF)

AMENDED [PROPOSED] DEFAULT
JUDGMENT AGAINST DEFENDANT
VIV ARELLI, SCHWARZ AND
ASSOCIATES, S.A. DE C.V.

Plaintiff,

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CASE NO.:

v.

VIVARELLI, SCHWARZ AND ASSOCIATES,
S.A. de C.V., a Mexican corporation; RESORT
SOLUTIONS INC., a Virginia corporation;
ROYAL ELITE VACATIONS, LLC, a Virginia
limited liability company; ROY ALE ELITE
EXCHANGES LLC, a Virginia limited liability
company; and AARON SCHWARZ, an
individual,

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Defendants.

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THIS MATTER having come before the Court pursuant to Plaintiff Holiday Systems of

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Nevada's ("HSI") Application for Default Judgment Against Defendant Vivarelli, Schwarz &

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Associates, S.A. de C.V. (the "VSA Application") (Dkt. No. 94), and the Court having reviewed

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the pleadings and papers submitted in support thereof and having granted the VSA Application

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in its entirety (see Dkt. No. 99), now, therefore,
It is hereby ORDERED, ADJUDGED and DECREED that judgment is entered against

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Defendant Vivarelli, Schwarz & Associates, S.A. de C.V. ("VSA") as follows:

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///

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1.

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HSI shall recover statutory, actual, special and consequential damages against
VSA in the amount of$286,081.73, consisting ofthe following:

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a. Pursuant to 15 U.S.C. § 1117(c)(l), HSI is hereby awarded statutory

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damages against VSA in the amount of $100,000.00 for VSA's violations

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of 15 U.S.C. § 1114, which shall bear prejudgment interest at the statutory

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allowance of28 U.S.C. § 1961 as set forth below; and

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b. HSI is hereby awarded actual, special and consequential damages against

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VSA in the total amount of $186,081.73 for VSA's breach of contract and

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breach of the covenant of good faith and fair dealing, which shall bear

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prejudgment interest at the statutory allowance of N.R.S. § 17.130 as set

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forth below.

2.

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HSI is hereby awarded attorneys' fees incurred in the prosecution of this action

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against VSA in the amount of $76,146.21, pursuant to the terms of the Sales

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Agreement at issue in this action and 15 U.S.C. § 1117(a).
3.

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HSI is hereby awarded its costs incurred in the prosecution of this action in the

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amount of $9,070.52, jointly and severally with Defendant Aaron Schwarz, as set

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forth in the Bill of Costs filed by HSI pursuant to LR 54-1, the terms of the Sales

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Agreement at issue in this action, and 15 U.S.C. § 1117(a).
4.

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HSI is awarded prejudgment statutory interest in the amount of $38,212.87,
pursuant to 28 U.S.C. § 1961 andN.R.S. § 17.130.

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5.

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HSI shall recover the aggregate judgment amount of $409,511.33 against VSA, as
denoted in Paragraphs 1 - 4 above.

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Ill

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Ill

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Ill

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The calculation of prejudgment interest pursuant to 28 U.S.C. § 1961 and N.R.S. § 17.130 is made through January
31, 2014 for the damages awarded to HSI under federal law and state law (Paragraphs 1(a) and 1(b) above),
respectively.

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HSI is awarded post-judgment interest pursuant to 28 U.S.C. § 1961.

IT IS SO ORDERED.

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2nd day of February, 2014.
DATED this _ _day of January, 2014.

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UNITED STATES DISTRICT JUDGE

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